Terms of Use

Your attention is particularly drawn to clauses 16 and 17 (Limitation of our liability).

We are Carecoins Mental Health Ltd (trading as Carecoins), a company registered in England and Wales under company number: 14684202. Our registered office is at: 2 Tokenhouse yard, NG1 2HG, Nottingham, United Kingdom.

You can contact us by sending an email to [email protected] or calling us on 03304410888

1. These terms apply to any purchase of digital tokens (which are redeemable against the Services as defined in clause 7.1 (Care Coins)) you make on our website (www.carecoins.co.uk) (Site) and any Services accessed through the Site. Please read these terms carefully before you place any orders on our Site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.

2. For the purposes of these terms, you are a ‘consumer’ if you are buying Services from our Site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying Services from our Site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Carecoins Mental Health Ltd, and any reference to ‘you’ or ‘your’ is to the person placing an order for Care Coin(s) on our Site.

4. An ‘End User’ is a person to whom you gift the Care Coin(s) in accordance with clause 10.5.

5. You must be at least 18 years old and a resident of the UK to place an order on our Site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

6. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

7. Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

8. For the avoidance of doubt, Care Coins:

8.1 are not “electronic money” as defined in the Electronic Money Regulations 2011;

8.2 cannot be exchanged with us or with a Provider for cash, and no change can be given for Care Coin(s);

8.3 cannot be re-sold; and

8.4 may only be used by you (or, if gifted to an End User, by the End User) in exchange for Services.

1. Please check your order carefully and correct any errors before you submit it to us.

2. After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy Services from us on these terms.

3. Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.

4. If we do not accept your order, for example because we are unable to take payment, the Services are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the Services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

All orders are subject to availability. We cannot guarantee that any Service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain Services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for Services that have not yet been provided.

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

1. Descriptions of our services (Services) are set out on our Site from time to time and may include, but are not limited to, an initial assessment of your therapy/mental health training requirements (Initial Assessment) and subsequent access to mental health training and therapy services by independent providers (Providers) redeemable in exchange for Care Coins purchased through the Site.

2. We will provide the Services at the time(s) and on the date(s) which are mutually agreed and set out in a confirmation email from us to you (Confirmation Email).

3. For Services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment email or Confirmation Email, are estimates only.

4. The Services will be provided at the location specified in your Confirmation Email. Certain Services are only available online. Where this is the case, it will be specified in your Confirmation Email. Online services will be provided through an online video platform.

5. We will do all that we reasonably can to provide the Services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the Services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, breakdown of systems or network access, accidents or unpredictable traffic delays).

6. Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the Services as soon as the issue causing the delay has been resolved. If the Services are delayed by more than 30 days, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any Services that have not yet been provided.

7. As a condition of using the Services, you agree to abide by the Provider’s rules and conditions (Rules) (details of which will be provided to you by the Provider upon commencement of the Services provided by them) and you agree (whilst using the Services) not to:

7.1. use inappropriate or offensive language or actions;

7.2. use defamatory language;

7.3. be, or appear to be, under the influence of alcohol or drugs;

7.4. misuse or attack any online platform through which the Services are being provided (Forum) by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); use the Forum for any purpose that is unlawful under any applicable law or for any purpose prohibited by these Terms;

7.5. use the Forum for the purposes of promoting unsolicited advertising or sending spam;

7.6. use the Forum to promote any unlawful activity; and

7.8. use the Forum to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.

8. If you do not comply with these terms or any applicable law, we may suspend your access to the Services pending investigation of the breach or terminate your access to the Services. You will not be entitled to a refund of any Care Coins already purchased.

9. We are not liable to you for any losses you incur where the Services are delayed or cannot be performed because you failed to abide by these terms or the Rules.

10. If you are a consumer, the Services are provided to you for your domestic and personal use only. You must not use our Services for commercial or business purposes.

11. If you are a business customer, you confirm that you are purchasing the Services for the purposes of your named business only and not for or on behalf of any third party (other than End Users).

1. Prices for our Services are set out on our Site. All prices are in pounds sterling (£)(GBP) and (save for business customers) include VAT at the applicable rate.

2. Prices for our Services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.

3. If there has been an error on the Site regarding the pricing of any of our Services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

1. We accept all major credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.

2. We require payment of 100% of the total order cost when you place your order. We will take this payment before we send you your order confirmation email. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

3. We may, in our absolute discretion, allow payments by way of purchase order. If this method is utilised, we will invoice you for the amount of the order after we have completed the Services. Your invoice will be sent to the email address you provided when you placed your order and must be paid by you within 14 days of receipt.

4. If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 8% per year above the Bank of England’s base rate from time to time.

1. You must:

1.1. keep an independent record of your login details for the Site;

1.2. take all reasonable precautions to ensure that the login details in respect of the your account and/or any purchased Care Coin(s) are not lost, stolen or destroyed, and that any PIN number supplied in respect of the Care Coin(s) is not used without your permission;

1.3. let us know as soon as possible if your login details/PIN number are lost, stolen or destroyed, whereupon we will immediately de-activate the relevant account.

2. Care Coins are issued to you but the Care Coins themselves will not be personalised. We will assume, unless and until we are notified to the contrary, that the person who uses any Care Coin(s) at any time is the rightful user of the Care Coin(s).

3. Providers may vary from time to time but a current list can be obtained on our Site.

4. We will debit the number of Care Coins from the balance on your account immediately after the Services to which the Care Coin(s) relate are completed.

5. Care Coins must not be sold by you, or any other holder of the Care Coin(s) from time to time but may be gifted by you to any person to use in exchange for Services. If you gift any Care Coins to another person, you will be responsible for all use of the Care Coins and you must ensure that such person understands and keeps the obligations contained in these terms, a copy of which you hereby confirm you have been provided with and agree to provide to any person to whom you gift any Care Coins on, or prior to, your providing such person with any Care Coins. You shall be free to gift any Care Coins to such persons as you wish, including (without limitation) for use as a reward for the introduction of new business, for the purposes of incentivising employees or for charitable purposes.

1. Care Coins will expire at midnight on the date which is 24 months following the date of your order confirmation, following which, the Care Coin(s) will no longer be valid and neither you nor any other person will be able to use the Care Coin(s).

2. You are not entitled to redeem any expired and unused Care Coin balance on your account.

This clause 12 only applies to you if you are a consumer.

1. You have 14 days from the date of your order confirmation email to change your mind and cancel your order for a full refund (less our reasonable costs of administering the refund).

2. To cancel your order, please email us at [email protected]. To help us process your cancellation more quickly, please have your order number ready or include it in the email you send to us.

3. We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel.

4. We will issue your refund to the same payment method you used when you placed your order.

5. We will not provide any Services during the 14-day cancellation period unless you request for us to do so by ticking the relevant box when you place your order. We are under no obligation to accept your request.

6. If you request for us to start providing Services during the 14-day cancellation period, and we agree to do so, you lose your right to cancel and will not be entitled to a refund.

This clause 13 only applies to you if you are a consumer.

1. We must provide the Services to you with reasonable care and skill.

2. If a Service is not carried out with reasonable care and skill, you can ask us to repeat the Service.

3. We warrant that the therapists used in the provision of the Services are registered BACP members, which means that they have achieved high standards of knowledge, experience and development as a counsellor and/or psychotherapist. All BACP members must abide by the BACP’s Ethical Framework for the Counselling Professions and its Professional Conduct Procedure. See www.bacp.co.uk for more information.

4. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 12 above. For more detailed information on your rights, go to www.carecoins.co.uk or visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

5. If there is a problem with a Service we have provided to you, please contact us as soon as reasonably possible.

This clause 14 only applies to you if you are a business customer.

1. We warrant that the Services will be:

1.1. performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and

1.2. free from material defects at the time the Services are completed.

2. We warrant that the therapists used in the provision of the Services are registered BACP members, which means that they have achieved high standards of knowledge, experience and development as a counsellor and/or psychotherapist. All BACP members must abide by the BACP’s Ethical Framework for the Counselling Professions and its Professional Conduct Procedure. See www.bacp.co.uk for more information.

3. As your sole and exclusive remedy, we will (at our option) remedy or re-perform any Services that do not comply with clause 14.1, provided that:

3.1. you notify us by email to [email protected] within 7 calendar days from the date that the Services are completed; and

3.2. you provide us with sufficient information as to the nature and extent of the defects.

4. Except as set out in this clause 14, we give no warranties and make no representations in relation to the Services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

This clause 16 only applies to you if you are a consumer.

1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the Services in the 12-month period prior to the date of the claim.

2. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

3. The Providers are independent providers who are neither our employees nor representatives. The Services are limited to an initial assessment of your therapy/mental health training requirements and subsequent access to mental health training and therapy services provided by the Providers. The Providers themselves are responsible for the performance of their therapy and/or mental health training services. To the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the provision of Services by the Providers including, but not limited to, any act, omission, opinion, response, advice, suggestion, information and/or service of any Provider and/or any other content or information accessible through the Site. If you feel that any Service by the Provider does not suit your needs or expectations, please contact us and we will endeavour to match you with an alternative Provider. If a Provider you have been matched with ceases to provide their Services, we will notify you of this by email, and we will endeavour to match you with an alternative Provider.

4. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

5. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, any business loss or damage, or any consequential, indirect or special losses.

6. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

This clause 17 only applies to you if you are a business customer.

1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the Services in the 12-month period prior to the date of the claim.

2. The Providers are independent providers who are neither our employees nor representatives. The Services are limited to an initial assessment of your therapy/mental health training requirements and subsequent access to mental health training and therapy services provided by the Providers. The Providers themselves are responsible for the performance of their therapy and/or mental health training services. To the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the provision of Services by the Providers including, but not limited to, any act, omission, opinion, response, advice, suggestion, information and/or service of any Provider and/or any other content or information accessible through the Site. If you feel that any Service by the Provider does not suit your needs or expectations, please contact us and we will endeavour to match you with an alternative Provider. If a Provider you have been matched with ceases to provide their Services, we will notify you of this by email, and we will endeavour to match you with an alternative Provider.

3. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

4. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

4.1 consequential, indirect or special losses; or

4.2 any of the following (whether direct or indirect):

4.2.a loss of profit;

4.2.b loss of opportunity;

4.2.c loss of savings, discount or rebate (whether actual or anticipated); or harm to reputation or loss of goodwill.

5. Nothing in these terms will limit or exclude our liability for:

5.1 death or personal injury caused by negligence;

5.2. fraud or fraudulent misrepresentation; or

5.3 any other losses which cannot be excluded or limited by law.

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Site which explains what information we collect and hold about you, and how we collect, store, use and share such information.

No one other than us or you has any right to enforce any of these terms.

1. If you are unhappy with us or the Services we have provided to you, please contact us at [email protected].

2. If you are unhappy with the Services provided by a Provider through our Site, please see www.bacp.co.uk/about-us/protecting-the-public/professional-conduct/how-to-complain-about-a-bacp-member for more information on how to complain.

1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

4. If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

5. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

6. If you are thinking about suicide or if you are considering harming yourself or others or if you feel that any other person may be in any danger or if you have any medical emergency, you must immediately call your local emergency services number and notify the relevant authorities. The Site is not designed for use in any of the aforementioned cases and the Providers cannot provide the assistance required in any of the aforementioned cases.

7. The Site is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any official documentation or approvals for purposes such as, but not limited to, court-ordered therapy. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the Site.

8. Do not disregard, avoid, or delay obtaining in-person care from your doctor or other qualified healthcare professional because of information or advice you received through the Site or the Services.